Citation : 2021 Latest Caselaw 3906 AP
Judgement Date : 4 October, 2021
HON'BLE SRI JUSTICE U.DURGA PRASAD RAO
WRIT PETITION No.32359 OF 2014
ORDER:
The petitioner seeks writ of mandamus declaring the action of
the respondents in trying to terminate the contract work of the
petitioner in running the mid-day meals work in M.P. Elementary
School, Jakkalacheruvu Village, Gooty Mandal, Anantapur District,
without there being any plausible reason and without issuing any
notice is illegal, arbitrary and violative of Articles 14 and 19(1)(g) of
the Constitution of India and Principles of natural justice and pass
suitable orders.
2. Heard learned counsel for petitioner, Sri P.Narahari Babu and
learned Assistant Government Pleader for Education representing on
behalf of the respondents.
3. Learned Assistant Government Pleader for Education, relying
upon the judgment dated 31.10.2019 in W.P. Nos.8037 of 2019 and
batch, argued that said judgment also relates to the implementation of
mid-day meals scheme by the Government and challenge of some of
the petitioners was against their removal and hence, the said judgment
squarely applies to the case on hand and thus, requested to dispose of
this writ petition in terms of the said judgment.
4. On a close scrutiny of the judgment in W.P. No.8037 of 2019
and batch, it is noticed that a learned single judge of this Court having
relied upon the earlier division bench judgment in D.Ameena Bee v.
Commissioner, Anantapur Municipality, Anantapur1, has held that,
in his opinion, the petitioners therein had not made out a case for
issuance of a writ of mandamus and the Court did not find an
enforceable legal/statutory right that was available to the petitioners
which would entitle them to invoke the extra ordinary jurisdiction of
this Court and seek a writ of mandamus, dismissed the writ petitions.
5. Needless to emphasize, the present writ petition is squarely
covered by the aforesaid judgment. By following the said judgment
and in terms thereof, this writ petition is dismissed. No costs.
As a sequel, interlocutory applications pending, if any, shall
stand closed.
_________________________ U.DURGA PRASAD RAO, J
04.102021 SS
2005 (2) ALT 576
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